Child porn guilty plea nets man three years

HAVANA — A 28-year-old Mason City man received a three-year prison sentence Thursday after pleading guilty to five counts of possessing child pornography on his cellphone.

Richard D. Surratt Jr. pleaded guilty April 3 to all five counts of child pornography possession that were filed against him after Surratt’s now-ex-wife turned in his cellphone to police with five photos depicting nude girls younger than the age of 13.

Mason County State’s Attorney Roger Thomson wanted the sentence because he believed the punishment was necessary because of the nature of the offense. While Surratt is not believed to have taken any part in the creation of the pornography, Thomson argued, it is because there are people like him who desire to view the images that there are people willing to produce the images and exploit children. Thomson also sought the minimum $1,000 fine.

Surratt and his attorney, Mason County Public Defender Jerry Hooker, argued Surratt was a perfect candidate for probation, which they said would give him an opportunity to prove that he can get his life together and that he is not a threat to re-offend.

Hooker said the 92 days Surratt already had spent in jail awaiting sentencing was a long-enough sentence for a first-time offender with no prior criminal history whatsoever.

Plus, the issue has resulted in Surratt’s wife divorcing him and obtaining an order of protection for herself and the couple’s young daughter.

“I have lost so much, including my beautiful daughter for two years,” Surratt said.

Eighth Circuit Judge Alan D. Tucker said despite there being no evidence that Surratt was a repeat viewer of child pornography, he believed there may be truth to the theory that without the presence of people who want to look at child pornography there might not be anybody producing it and he said a prison sentence of three years is necessary punishment.

“It is one of the most heinous crimes that I can ever imagine,” Tucker said.

Tucker also levied the $1,000 fine and Surratt will have to register as a sex offender.